Have any questions about how to use the community? Check out the Help Discussion.

Do you need lawyer??

To change or get a POA in NJ do you need a lawyer ???

Comments

  • Crushed
    Crushed Member Posts: 1,442
    Tenth Anniversary 1000 Comments 100 Likes 100 Care Reactions
    Member

    I am a lawyer

    I pay lawyers for legal services all the time

  • charley0419
    charley0419 Member Posts: 354
    100 Likes 100 Care Reactions 100 Comments 25 Insightfuls Reactions
    Member

    So that’s a yes

  • loveskitties
    loveskitties Member Posts: 1,073
    1000 Comments Third Anniversary 100 Likes 25 Care Reactions
    Member

    Having the advice of legal counsel is always best.

    For instance, they can explain why you should probably have a Durable Power of Attorney rather than just a simple Power of Attorney.

    They can also explain estate planning, how to safe guard assets, what it will take to get Medicaid assistance for loved one, and so many more things.

    In the long run, the savings outweigh the initial costs of getting best advice.

    You will also want to pick a lawyer who "specializes" in these things versus one who generalizes.

  • jfkoc
    jfkoc Member Posts: 3,762
    Legacy Membership 2500 Comments 500 Likes 100 Insightfuls Reactions
    Member

    There is much that you can do "online" but I would advise against it.

    Your best bet is to hire an attorney who's practice is elder law. Just like Drs, law has specialties. You do not go to a podiatrist for a heart problem.

  • JJ401
    JJ401 Member Posts: 312
    Sixth Anniversary 100 Comments 25 Insightfuls Reactions 25 Care Reactions
    Member

    A POA is relatively inexpensive at a lawyer. Here it runs about $100.

  • M1
    M1 Member Posts: 6,716
    1,500 Care Reactions 1,500 Likes 5000 Comments 1,000 Insightfuls Reactions
    Member

    Charley, don't go the cheap route here. Its clear that you have many questions and issues regarding long-term care in addition to needing an updated POA. You need someone who knows the ropes. Most CELAs will offer a free initial consultation, and overall fees will vary, but it will be worth it in the long run. It's fine to shop around, but you would probably really benefit from some experienced advice.

  • charley0419
    charley0419 Member Posts: 354
    100 Likes 100 Care Reactions 100 Comments 25 Insightfuls Reactions
    Member

    It’s not the money as much as getting to a lawyer without explaining where I’m going. If she knew I was changing POA all hell would break lose.

  • JJ401
    JJ401 Member Posts: 312
    Sixth Anniversary 100 Comments 25 Insightfuls Reactions 25 Care Reactions
    Member

    I didn’t tell my husband when I changed my POA and removed him, I didn’t tell him when I consulted an elder lawyer. I used a Fibbit. I told him I was meeting a high school friend (which I do once a month or so). You don’t have to tell her if you are just changing POA. My rule is that if it needs to be done I just do it. I try not to reason with him as his reasoning does not work any longer.

    Make an appointment. Make up a plausible place you are going that you would not bring him to (aka Fibbit). Then go.

  • PastorB
    PastorB Member Posts: 20
    Sixth Anniversary 10 Comments 5 Likes 5 Care Reactions
    Member

    Hi Charlie,

    I'm in PA, but I join with the others who advise you to get a lawyer. Better to get an elder law attorney who specializes in affairs relating to a spouse with AD. The attorney will make sure your durable PoA is legal in your state --- even with a legal one I was challenged by insurers and others who tried to get around it and deal with my LO directly. Didn't cost a lot - around $150 as I recall. Got a living will at the same time and plenty of sound advice on how to navigate finances in the eventuality of Medicaid to support long term care. You should know, if you have to engage Medicaid, that you can deduct the cost of the attorney from any spend-down of finances they require before Medicaid kicks in. Not planning correctly can cost a fortune. Even without Medicaid the help of someone who knows how to navigate complicated and baffling laws is a godsend.

Commonly Used Abbreviations


DH = Dear Husband
DW= Dear Wife, Darling Wife
LO = Loved One
ES = Early Stage
EO = Early Onset
FTD = Frontotemporal Dementia
VD = Vascular Dementia
MC = Memory Care
AL = Assisted Living
POA = Power of Attorney
Read more